Contracts for Construction and Engineering Projects PDF
Preview Contracts for Construction and Engineering Projects
“This text provides helpful context for the roles that all professionals play on a pro- ject, and its strength is that it engages with a global audience in its use of case stud- ies and other examples.” - Jaclyn Masters, Principal Lawyer Level Crossing Removal Project, Victoria “The book achieves the aim of assisting engineers to understand better the role of contracts in their work and their necessary interaction with lawyers and by develop- ing a greater awareness among lawyers of engineers’ roles in the successful execu- tion of construction projects.” - John Sharkey AM, Commercial Arbitrator “This book is that rare thing in an engineer’s or construction lawyer’s bookshelf. While it is undoubtedly a useful legal reference in any dispute, the perspective and material it contains are also both interesting and enjoyable to read.” - Toby Shnookal QC, Arbitrator, Expert Determiner, Mediator, Facilitator, Adjudicator, Expert Determination Chambers “This is a book that is not only informative but is also well sourced, comprehen- sive and consistently easy to read. The case studies are particularly interesting and provide a useful insight into the rights and wrongs on engineering and construction contracts.” - Steven Goldstein, Barrister, Arbitrator, Expert Determiner, Mediator, Dispute Board Member CONTRACTS FOR CONSTRUCTION AND ENGINEERING PROJECTS Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involv- ing the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with addi- tional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construc- tion and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into – and the consequences that may ensue if this is not done – makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals. Donald Charrett practises in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of six books on construction law. PRACTICAL LEGAL GUIDES FOR CONSTRUCTION AND TECHNOLOGY PROJECTS Series Editor: Donald Charrett The books in this series provide lawyers and construction professionals with the relevant knowledge, resources and practical guidance to understand the contemporary construction industry and the law necessary to achieve successful outcomes for construction projects. The topics covered include front-end issues such as project pro- curement, the production, negotiation and administration of contracts, and the avoidance of disputes, as well as backend issues such as taking part in, managing or resolving disputes. The series aims to keep abreast of the technologies that have increasing impact in changing traditional ways of working, contracting and resolving disputes. FIDIC Contracts in Asia Pacific A Practical Guide to Application Donald Charrett Contracts for Construction and Engineering Projects Second Edition Donald Charrett For more information, please visit: www .routledge .com /Practical -Legal -Guides -for -Construction -and -Technology -Projects /book -series /PLGCTP CONTRACTS FOR CONSTRUCTION AND ENGINEERING PROJECTS DONALD CHARRETT SECOND EDITION Cover image: © Donald Charrett Second edition published 2022 by Informa Law from Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Informa Law from Routledge 605 Third Avenue, New York, NY 10158 Informa Law from Routledge is an imprint of the Taylor & Francis Group, an informa business © 2022 Donald Charrett The right of Donald Charrett and Dan Washington to be identified as the authors of Chapter 6, the right of Donald Charrett and Andrew Potts to be identified as the authors of Chapters 10 and 31, the right of Donald Charrett and Philip Loots to be identified as the authors of Chapter 13 and the right of Donald Charrett to be identified as the author of the remainder of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Informa Law from Routledge 2019 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Charrett, D. E. (Donald Eric), author. Title: Contracts for construction and engineering projects / Donald Charrett. Description: Second edition. | Abingdon, Oxon [UK]; New York, NY: Routledge, 2022. | Series: Practical legal guides for construction and technology projects | Includes bibliographical references and index. Identifiers: LCCN 2021030899 (print) | LCCN 2021030900 (ebook) | ISBN 9781032073835 (hardback) | ISBN 9781032074344 (paperback) | ISBN 9781003206897 (ebook) Subjects: LCSH: Construction contracts. | Engineering contracts. | Construction industry–Law and legislation. | Dispute resolution (Law) Classification: LCC K891.B8 C43 2022 (print) | LCC K891.B8 (ebook) | DDC 343.07/8624–dc23 LC record available at https://lccn.loc.gov/2021030899 LC ebook record available at https://lccn.loc.gov/2021030900 ISBN: 978-1-032-07383-5 (hbk) ISBN: 978-1-032-07434-4 (pbk) ISBN: 978-1-003-20689-7 (ebk) DOI: 10.4324/9781003206897 Typeset in Times New Roman by Deanta Global Publishing Services, Chennai, India This book is dedicated with grateful thanks to my wife, Jeyami, without whose continued understanding of and tolerance for the time-consuming demands entailed by my writing activities, this book would not have been possible. CONTENTS List of illustrations xii List of tables xiv Acknowledgements xv Foreword to the second edition xvi Foreword to the first edition xviii About the author xx Contributors xxii Table of cases xxiii Table of legislation xxviii 1 OVERVIEW 1 PART 1 THE ENGINEER AND THE CONTRACT 2 THE EVOLUTION OF THE ROLE OF THE ENGINEER 15 3 TIME, COST AND QUALITY – THE ENGINEER’S ETERNAL CHALLENGE 30 4 RISK AND CONSTRUCTION CONTRACTS 41 5 MANAGING DESIGN RISK 56 6 CONTRACTS FOR DESIGN SERVICES 71 7 DESIGN LIFE OR SERVICE LIFE: WHAT IS THE DIFFERENCE? 77 8 FIT FOR PURPOSE OR DUE SKILL AND CARE? 95 9 DESIGN AND CONSTRUCT CONTRACTS AND FINAL DESIGN COST RISK 105 ix
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